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Conservation

Moral, ethical, and legal issues regarding importation of rare turtles under the guise of conservation: Geoemyda japonica --a case study.

 David S. Lee
The Tortoise Reserve and Asian Turtle Consortium
August 2003

The Ryukyu leaf turtle, Geoemyda japonica , is endemic to Okinawajima, Kumejima and Tokashikijima islands of the Okinawa group of the central Rukyus, Japan. Described in 1931, it  was resurrected from synonymy, or by some authors a race, of G. spengleri    by Yasukawa, et al. in 1992 (Japanese J. Herpetol. 14: 143-159). This has always been  considered a rare turtle because of its limited geographic range. In fact, the IUCN Red List considers the species as Endangered. Though not much is known regarding its biology, because of its rarity in North American collections this is a very highly desirable and pricey species for the serious hobbyist. Recently small numbers of these turtles became available in the United States. While what follows addresses this specific series of imports, the concern is not limited to this single species. Furthermore, it is not my intent to be pointing fingers. Until I thought this through I was ready purchase a small group of these guys myself.

The point of this note to to remind people of the overall intent of conservation efforts. If we do not consider the conservation implications on a species by species basis we could obviously quickly undo the efforts of others to the detriment of the very species we think we are trying to help. I will use this leaf turtle as a case study.

In the last five years a growing number of turtle hobbyists have expressed interest in participation in turtle conservation through captive breeding efforts. Several organizations which promote this have sprung up in the US and Europe. Because of the issues relating to the food and traditional medicine in China much of this effort has focused on Asian turtles. Lists of species desirable to obtain for assurance colony collections have been made available and a number of serious hobbyists have restructured and refocused their private collections with noble long-range conservation goals in mind.

Japanese authorities do not issue export permits for this species. The Ryukyu leaf turtle is given protected status as a `Natural Monument' by the Japanese government. Export is not legal. Nori Oshima, a chelonian biologists from Japan, confirms that G. japonica is fully protected, it is illegal to trade them in any way and the fact that it is a national monument makes it illegal to even move one if it is about to be run over by a car. Scientist cannot easily get permits to study this species in the wild. The Ministry of Culture designated this seemingly strange 'national monument' status. This designation was applied soon after the islands were returned to Japan after the US occupation.  In my opinion, illegal commercial traffic in this species should not be rewarded by North American hobbyists supporting the market. In that Japan has made efforts to protect this endemic turtle from export any and all conservation measures directed at this species need to be focused on wild, naturally occurring populations. If captive breeding is an acceptable strategy, then serious hobbyists, zoos and government agencies in Japan are the logical and proper groups to do this. Currently there are a few specimens of these turtles in zoos in Japan, but none are being bred. There are serious moral issues regarding the removal of wild caught turtles from protected populations. These issues become
ethical when one considers the restricted range of the species and the vulnerability of island populations. We have an almost mirror image situation where Japanese dealers and hobbyists were acquiring through back handed means, protected North American C lemmys . We were rightly incensed, but at least it was straightforward and wrong. We never heard excuses that these turtles were being sent across the Pacific for conservation programs.

Since the latest, and hopefully the last, imports of these leaf turtles I have talked to some of the dealers and hobbyists involved in the transaction. It is amazing how the human mind can attempt to justify misguided intents. Somehow I was expected to accept that the shipment of the Geoemyda   was indeed of conservation priority, and further, I was given an example of a Hong Kong confiscation of 10,000 Malaysian box turtles where all but a few of them were found dead. Others stated that even countries with good regulations were not enforcing them. In some minds this justifies "saving" these turtles by placing them in one's private collection. Thus, there is a preconceived urgency of acquiring rare species of all types for our captive breeding groups. We are letting down the global conservation community. If the acquisition of rare turtles has personal priority over conservation, then so be it, but don't mislead yourself into thinking that the captive breeding of them is a conservation tool for every situation. The larger effort will become tainted, people already suspect of the entire assurance colony concept will have additional fuel to strengthen their stand, and we will be undoing the few existing programs managed by home range countries.

I personally think the moral dilemma as outlined above and how it could undercut our overall programs is the major issue, but one must consider the legal issues as well. These turtles are protected by their home country. In that it is an endemic species this is very clear-cut and there is no question as to the origin of the specimens sent here. Not only is export illegal by Japanese law, which we should respect, but it is thereby illegal by US law and probably any number of international wildlife treaties. So how did they get here, and how did these turtles get past the inspectors at the US port of entry? Simply stated the world is full of rare and protected wildlife spread among numerous countries. For inspectors to recognize each species and to know how the various and shifting laws relate to each is an almost impossible three dimensional puzzle to assemble. Small, inconspicuous species that do not show up in the computer-driven radar of the Endangered Species Act or CITES are likely to be initially cleared. This does not make them legal. They are simply cleared for release to the importer. However, as this species is protected in the home country, it is not legal to import it without paper work from that country. These shipments were made through Hong Kong. While I am sure they had paper work from the country of the origin of the shipment, this is not the same as the country of origin of the species. Hong Kong paper work is totally irrelevant. Information has come to light that Hong Kong has been very relaxed in enforcement of imported wildlife. The people setting up this import planned shipments way in advance. The importers, shippers, and suppliers knew the regulations. This is why these turtles are so hard to obtain and why their price is so high. And some individual buyers in this country know the rules too, although it became clear from talking to these individuals that many did not know the turtles they purchased were illegal.  These turtles are hard to get for a reason. Once in the United States these animals are in violation of the Lacey Act. Every time they cross an international border and every time they cross or recross a state line it is my understanding that they chalk up an additional illegal black mark. Even if we are successful in breeding these turtles for conservation, and Japan wanted some of the young back for reintroduction, it would be hard to do so as transporting any produced young would reviolate the act unless it could be proven that the parent stock was legally obtained. This could not be proven as it is not true.

I am not a lawyer and have no training in wildlife enforcement. However, it is clear that having these turtles in this country is in no way promoting conservation. We need our captive breeding conservation activities to be positive, aboveboard examples. We as well as our government needs to respect, enforce, help support and expand laws of other countries that were enacted to protect turtles. Foremost this is what we should be about, the captive breeding aspects should remain a secondary consideration as far as overall conservation is concerned. Is this frustrating stuff? You bet, but no one ever said this would be easy or straightforward. We will learn and evaluate as we go. If private keepers are to gain respect in the conservation community we need to know as much about a turtle's legal status as we do its husbandry needs, and we need to all know this prior to acquisition.